My girlfriend came here on the J1 visa. We have been dating for the past year prior to her arrival. She now has overstayed her visa and is out of status. We want to get married but she wants to say goodbye to friends and family personally back in ukraine. How can she go about doing this without being banned from coming back to America?
can she just return if our laywer writes up a letter saying we "plan" to get married?
come back on a k1 visa?
try to return on another J1 (wouldnt she be banned by now?)
You better talk with an attorney. The fact that she has overstayed her visa will not help in acquiring any other kind of visa. Maybe if you married her here and then file for a change in status may help. I know of folks that have done this but before overstaying their visa. I would talk to a very good Immigration attorney first before doing anything rash. You do not want to do the wrong thing and screw up your chances. Good luck
im surprised they havent come with the military and a shot gun and taken her away from your house, put her on a plane and sent her packing already...they know where she is and they will knock on your door soon.